Disclaimer: This article does not constitute legal advice. It provides general information about Arizona probate venue rules. For advice on your specific situation, consult a licensed attorney.
Detailed Answer
In Arizona, you must open or transfer a decedent’s estate in the proper county-based venue defined by statute. Generally, venue rules ensure that probate courts in the correct locality handle estate administration efficiently and fairly.
1. Primary Venue: County of Residence
Arizona Revised Statutes (ARS) §14-3202(A) requires filing in the superior court of the county where the decedent was domiciled at death. Domicile means the decedent’s true, fixed, and permanent home. If you are certain the decedent lived in Maricopa County, you must open probate there first. (ARS §14-3202)
2. Alternative Venue: County of Property
If the decedent was not a resident of Arizona or if they owned real property in a county other than their residence, ARS §14-3202(B) allows you to file in the county where the land lies. For example, if the decedent lived in Pima County but owned a vacation home in Coconino County, you may open an ancillary probate in Coconino for that specific property. (ARS §14-3202)
3. Transferring Venue After Filing
Sometimes you open probate in one county, but later discover that most assets or creditors are in another. Under ARS §14-3207, you can petition to transfer the entire probate proceeding to the superior court in the proper county. File a motion, explain why the original venue is inconvenient or improper, and notify interested parties. The court will hold a hearing and may order the transfer. (ARS §14-3207)
4. Small Estate Affidavits and Simplified Proceedings
For estates under $75,000 in personal property and no real property, Arizona’s small estate affidavit procedure may apply. Venue rules remain the same: file in the county of residence or of property. Review ARS §14-3971 et seq. for details.
Helpful Hints
- Confirm the decedent’s last Arizona residence using driver’s licenses, tax records, or utility bills.
- Create an asset list sorted by county to spot where most real property lies.
- Check local superior court probate rules online; each county may have unique forms or deadlines.
- File petitions to transfer venue early to avoid delays in administration and asset distribution.
- Consider ancillary or ancillary special proceedings when out-of-county property is involved.